Rule 3.54 Appointment and intimation of first dietI1
Scotland
On the lodging of the appeal, the sheriff clerk shall forthwith assign a date for the hearing and shall at the same time intimate to the appellant or his representative and, together with a copy of the appeal, to–
the Principal Reporter;
subject to the provisions of paragraph (4), the child (if not the appellant);
F1any relevant person (if not the appellant);
any safeguarder F2...
any other person the sheriff F3considers necessary, including those referred to in section 155(5)(c) and (e) of the 2011 Act.
in the case of appeals under section 162(3), the chief social work officer of the relevant local authority for the child.
The sheriff clerk shall endorse on the appeal a certificate of execution of intimation under paragraph (1).
Intimation to a child in terms of paragraph (1)(b) shall be in Form 64.
The sheriff may dispense with intimation to a child in terms of paragraph (1)(b) where he considers that such dispensation is appropriate.
The date assigned for the hearing under paragraph (1) shall be F5within the time limits prescribed in, or by virtue of, the 2011 Act and in any event, no later than 28 days after the lodging of the appeal.
Annotations
Textual amendments
- F1
Words in rule 3.54(1)(c) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(i) (with para. 8)
- F2
Words in rule 3.54(1)(d) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(ii) (with para. 8)
- F3
Words in rule 3.54(1)(e) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(iii) (with para. 8)
- F4
Rule 3.54(1)(f) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(iv) (with para. 8)
- F5
Words in rule 3.54(5) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(b) (with para. 8)
Commencement
- I1
Rule 3.54 in force at 1.4.1997, see rule 1.1(1)
Notes on Part CHAPTER 3
Textual amendments
- F1
Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)
Notes on Chapter PART VIII
Textual amendments
- F1
Ch. 3 Pt. 8 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(41) (with para. 8)